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What the Founders Meant By Happiness
Module 13

Silence: Brandeis and Ginsburg's Reflection and Restraint

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In an age that often rewards speed and instant reaction, this module explores silence as a civic discipline essential to self-government. Through the jurisprudence of Louis Brandeis and the example of Ruth Bader Ginsburg, we examine how deliberate pause, reasoned reflection, and restraint before speech protect both liberty and the inner life.

Drawing on Jeffersonian habits of self-command, Brandeis and Ginsburg show that freedom of speech is strengthened by habits of thoughtful silence. Silence, in this tradition, is not withdrawal but preparation—cooling passion, clarifying judgment, and cultivating the disciplined faculties necessary for a people capable of governing themselves.

Thoughtful Restraint in the Pursuit of Happiness

Grounded in History

This video examines the virtue of silence through the jurisprudence of Louis Brandeis and the disciplined practice of Ruth Bader Ginsburg. As you watch, notice how silence functions as a deliberate pause that cools passion, sharpens judgment, and prepares speech grounded in reason. Consider how silence and public discussion work together, with restraint serving not as withdrawal but as preparation for responsible civic engagement.

Silence as Intellectual, Moral, and Spiritual Discipline

Let's explore the multifaceted concept of silence as understood by the Founders and Justices Brandeis and Ginsburg. As you open each accordion below, focus on how silence relates to intellectual, moral, and spiritual development, and consider the tensions it holds within public and private life.


Silence and Intellectual Development
Silence and Moral Self-Control
Silence and Spiritual Growth
The Tension of Silence in Public Life

Silence as a Discipline of Self-Control

Explore these passages on silence as a practical discipline for managing emotions and impulses. Pay attention to how Founders like Jefferson and Franklin recommended specific habits to cultivate self-restraint and thoughtful speech.

Introduction

Silence is a practical discipline that helps manage emotions and impulses effectively. By adopting habits recommended by figures like Jefferson and Franklin, individuals can cultivate self-restraint and thoughtful communication. This approach fosters calmness and reasoned responses in challenging situations.

Counting to Ten (or One Hundred)

Thomas Jefferson advised counting to ten when angry, or to one hundred when very angry, as a way to pause and prevent rash speech or action. This simple practice allows emotions to settle, giving individuals the opportunity to respond thoughtfully rather than impulsively.

By incorporating this habit into daily life, one can develop greater control over emotional reactions. It serves as a reminder to take a step back and assess the situation before speaking or acting, ultimately promoting better outcomes in personal and professional interactions.

Reflecting on What Is in Your Control

Instead of reacting impulsively, it is important to consider what is within your control and what is not. This practice fosters a calm and reasoned approach to challenges, helping individuals focus their energy on actionable solutions rather than dwelling on uncontrollable factors.

By reflecting on this principle, one can cultivate a mindset of acceptance and resilience. It encourages thoughtful responses and reduces unnecessary stress, enabling better decision-making and emotional balance.

Daily Self-Examination

Inspired by Benjamin Franklin and Pythagoras, the habit of nightly reflection on one’s actions is a powerful tool for building self-awareness and discipline. By reviewing the day’s events and assessing one’s behavior, individuals can identify areas for improvement and reinforce positive habits.

This practice not only enhances personal growth but also strengthens emotional regulation over time. It provides an opportunity to learn from mistakes and set intentions for the future, fostering a continuous cycle of self-improvement.

Temperate Speech

Emulating Socrates, Benjamin Franklin practiced gentle and qualified speech, avoiding dogmatism to persuade thoughtfully and maintain composure. This approach emphasizes the importance of choosing words carefully to foster understanding and minimize conflict.

By adopting temperate speech, individuals can communicate more effectively and build stronger relationships. It encourages a respectful and measured tone, which is essential for resolving disagreements and promoting collaboration.

The Tension Between Speech and Silence

Look  below to examine the moral tension between when to speak out and when to practice silence. Consider how silence can be both a virtue and a challenge in public and private life, as reflected in the examples of Justices Brandeis and Ginsburg.

Speaking Out

Speaking out, when disciplined by reflection, can be an act of courage and justice. Ruth Bader Ginsburg exemplified this balance, pairing careful deliberation with clear, principled opinions that advanced equality under law. Her willingness to dissent when necessary, and to speak with precision rather than heat, demonstrated that responsible speech grows out of thoughtful silence and fidelity to constitutional principle.

Practicing Silence

Silence can serve as an active discipline of self-command, creating the pause that cools emotion and protects thoughtful judgment. Louis Brandeis valued this restraint, refining his opinions through careful drafting and reflection so that speech would instruct rather than inflame. In this way, silence became a safeguard of intellectual clarity and moral growth, strengthening the habits necessary for wise and principled self-government.

Check Your Understanding

The following activities will help you reinforce and assess your understanding of justice, self-reliance, and the legacy of Douglass and Lincoln. Take a moment to reflect on what you’ve learned before moving forward.


Which of the following best describes the Founders’ understanding of the virtue of silence?

Concluding Module 13

Rethinking the Pursuit of Happiness

In this module, you examined silence as a civic discipline that places deliberation over impulse and protects the development of the faculties of reason, judgment, and self-control. Through the examples of Louis Brandeis and Ruth Bader Ginsburg, you saw how deliberate pause, careful drafting, and measured speech strengthened clarity of thought and principled decision-making in public life.

You also considered how silence and public discussion work together, with restraint preparing responsible expression. Applied to contemporary challenges of speed and distraction, this virtue reminds us that self-government begins with governing our own minds and words.

Key Takeaways

  1. Silence is a deliberate habit that gives space for reflection and steadies the mind before action.
  2. The virtue of silence involves discernment, recognizing when pause strengthens judgment and when clear, courageous speech serves the public good.
  3. For the Founders and jurists such as Louis Brandeis and Ruth Bader Ginsburg, silence safeguarded reason and conscience, enabling thoughtful participation in civic life.
  4. Practicing restraint tempers emotion and elevates public discussion from reaction to deliberation.
  5. Applied today, intentional pause and careful communication reinforce habits of character essential to sustaining a self-governing people.

Food For Thought

  1. How might cultivating deliberate pause before speaking, posting, or deciding improve your clarity of judgment and strengthen your relationships?
  2. When does restraint allow reason to cool passion, and when does principled speech become a civic duty that silence would fail to meet?
  3. How can the Founders’ emphasis on deliberation over impulse guide your habits in digital spaces, encouraging slower thought, careful reading, and more responsible public discussion?

Optional Reading

  1. Jeffrey Rosen, The Pursuit of Happiness, Chapter 12
  2. Justice Brandeis's concurrence in Whitney v. California

Created in partnership with Arizona State University.
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